Northwestern Study Guide D-02

The flashcards below were created by user
sdenuzzi
on FreezingBlue Flashcards.

Name two of the three suggested methods of staying out trouble with regard to selection and promotion.

1. Understand the goals of employment law

2. Validate the hiring processFollow the established policy

3. Follow the established policy

What are the four goals of federal employment law?

1. Fundamental fairness

2. Non-discriminatory practices during the process

3. Equal opportunitySelecting the most suitable candidate within confines of the law

4. Selecting the most suitable candidate within confines of the law

To validate the hiring process, the public employer should insure that the agency is using an evaluation process which FAIRLY PREDICTS a candidate’s ________ ____ _________________ in the new position.

Actual job performance

It is critical to the list the ____________ ______ ____________ in the job description.

Essential job functions

True or False – It is not acceptable to give “Veteran’s Points” during the selection process.

False

Exempt employees are not granted overtime wages – name two types of exempt employees.

When FSLA (Fair Standards Labor Act) was enacted, it only applied to the ____________ ____________.

Private Sector

Who is covered by FSLA protections?
_________________: these positions are exempted from some of the provisions of the FLSA, i.e. overtime.
_________________: full protections apply.

Exempt Positions

Nonexempt Position

Reference Special Rules for Law Enforcement pertaining to overtime, Requires overtime pay only after ___ hours worked in a ____ day work cycle.

This section permits an employer to establish a work cycle which is at least ___ consecutive days and no more than _____ consecutive days long.

171 hours in a 28 day

7 consecutive, 28 consecutive

True or False – Absent an agreement to the contrary, the Supreme Court has held that an employer can require an officer to take a specific time off.

True

___________ ______________ is defined as, “mere inconvenience is insufficient, must be a good faith unreasonable burden on the employer to provide an acceptable quality and quantity of service without the employee.”.

Unduly disruptive

True or False - Agency must be reasonable and permit comp time off, “if the use of the time does not unduly disrupt the operations of the agency.” This means more than mere inconvenience.

True

With regard to Constitutional theories relating to employment discrimination, the theory requires a proof of _______________ discrimination by the Police Agency in order for a discrimination claim to be brought against the agency.

Intentional

True or False- Reference Constitutional theories-Equal Protection, these claims are only available to public sector employees.

True

A claim that there has been a violation of the Equal Protection Clause of the 14th Amendment of the US Constitution which states:

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor ______________________________________________.”

deny any person within its jurisdiction, the equal protection of the laws

Name the three types of Equal Protection Tests.

1. Suspect Classification Test

2. Quasi Suspect Classification Test

3. Not Suspect Not Quasi Suspect Test

The Suspect Classification Test (RACE, ALIEN or NATIONAL ORIGIN) is ______________ to be unconstitutional but will be allowed if the classification is rational, serves a compelling state interest, treats all persons in the class equally, has a narrowly tailored class and is no less harsh than the alternative available.

Presumed

The Quasi Suspect Classification Test will be sustained on the basis of __________________ if the court can justify the classifications are substantially related to a legitimate and important state of interest.

Gender

The Not Suspect Not Quasi Suspect Classification act is presumed to be constitutional if a RATIONAL BASIS is offered. It applies to the classified on the basis of ________ __ ____________ ____________.

Age or Sexual Orientation

True or False - If a person files a claim based on the Not Suspect Not Quasi Suspect Classification act, the burden on the injured party or plaintiff to show that the established policy is arbitrary or unreasonable.

True

According to two University of Michigan cases – Bonus points are okay if _________ is not the sole factor, if narrowly tailored to meet compelling state interests.

Race

True or False – Title VII of the Civil Rights Act of 1964 covers all aspects of employment and outlaws discrimination or harassment based on race, color, religion, sex or national origin and prohibits retaliation for filing a charge, participating in an investigation, or opposing discriminatory practices.

True

The two types of discrimination cases under Title VII are:
1._____________ _______________
2. _____________ ______________

1. Disparate Treatment

2. Disparate Impact

________________ _______________ is a type of discrimination under Title VII and is defined as: “When an employee is singled out and treated more or less favorably than other similarly situated individuals because of some protected characteristic.”Requires a showing of intentional discrimination

Disparate Treatment

________________ _______________ is a type of discrimination under Title VII and is defined as: “For employment practices that are neutral on their face, but impact one group more than another and the treatment cannot be justified as a business necessity or Bona fide Occupational Qualification (BFOQ). – Intent is irrelevant

Disparate Impact

__________ can NEVER be a Bona fide Occupational Qualification.

Race

True or False – With regard the Disparate Impact, intent must be shown on the part of the defendant.

False

True or False- The Employer’s Dilemma in Light of Ricci v. DeStefano (Fire fighters) The court ruled that the mere fear of a disparate impact lawsuit would not justify disparate treatment in employment, particularly if the testing and promotional process was validated and job related.

True

True or False - With regard to sexual harassment, same sex harassment is not covered by statute.

False

The victim of sexual harassment does not have to be the individual who is harassed; statute only requires that the victim be ____________ by the conduct.

affected

True or False – The objective standard in a Hostile Work Environment case is “would a reasonable person in the victim’s shoes conclude that there was a hostile work environment?”

True

Title VII prohibits discrimination on the basis of religion and requires a __________ ____________ of the religious practices of applicants and employees unless it creates an undue hardship.

reasonable accommodation

The ________ is the federal agency created under Title VII to enforce the federal discrimination statutes.

EEOC – Equal Employee Opportunity Commission

True or False - A better way to minimize issues with affirmative action include using more aggressive job information programs and targeted recruitment efforts.

True

True or False- The Pregnancy Discrimination Requires employers to treat pregnancy like any other medical condition.

True

The Age Discrimination in Employment Act (ADEA) protects employees age ___________ and over.

40

True or False – A Police Agency cannot establish a minimum and maximum age for hiring based on the Age Discrimination in Employment Act even if it has been established as a BFOQ.

False

The American’s with Disabilities Act (ADA) protects people who are capable of performing, with or without reasonable accommodations, the _______________ ____ ______________ of the position.

Essential job functions

An individual with a disability is defined by the ADA as a person who has a ________ or ________ impairment that substantially limits one or more major life activity.

Physical or Mental

True or False – Reasonable accommodation does not require converting a temporary, light duty job to a permanent job.

True

A person ______ ____ have a substantial impairment if the physical or mental impairment can be corrected by medication or other measures.

Does not

Reasonable accommodations must be __________ and not unduly burdensome.

reasonable

True of False- An agency is not required to make accommodations if it imposes an undue hardship on the agency, an action requiring significant difficulty or expense when considered in light of a number of factors including like nature and cost in relation to size, resources, nature and structure of the agency. The larger the agency, the higher the obligation.

True

True or False – When applying the American’s with Disabilities Act to an applicant that cannot perform the essential job functions listed in a job description (with or without reasonable accommodations) that applicant is not eligible for the position.

True

The threat of harm to employee himself, use individual assessment of ability to safely perform the essential job functions using reasonable medical judgment, objective evidence, the imminence of risk, and the severity of potential harm, is a ______________________________.

Employers defense to a discrimination claim.

Restroom stalls, wheelchair ramps, TTY equipment, readers and interpreters, magnifying devices and Braille training documents are a sampling of what the courts have ruled are __________________ _______________ in ADA cases.

Reasonable accommodations

The Family Medical Leave Act (FMLA) requires a covered employer to grant up to _________ _______ of unpaid leave for a serious health condition of an employee or family member, including the birth or adoption of a child, or the placement into foster care for an eligible employee.

twelve weeks

To be eligible for FMLA, an employee must have worked at least _______ hours for the agency during preceding 12 months, and must have worked all 12 months.